stating that "[i]f there is substantial evidence of the essential elements of the offense charged, or of a lesser included offense, and of defendant being the perpetrator, `the trial court must deny the motion to dismiss . . . and submit [the charge] to the jury. . . .'" State v. McAvoy, 331 N.C. 583, 589, 417 S.E.2d 489, 493
Summary of this case from State v. Burroughs1996
stating that "[i]f there is substantial evidence of the essential elements of the offense charged, or of a lesser included offense, and of defendant being the perpetrator, `the trial court must deny the motion to dismiss . . . and submit [the charge] to the jury. . . .'" State v. McAvoy, 331 N.C. 583, 589, 417 S.E.2d 489, 493
Summary of this case from State v. BurroughsFull title:PETITIONS FOR DISCRETIONARY REVIEW
Court:Supreme Court of North Carolina
Date published: Jan 1, 1996
Blankenship does not apply to general intent crimes. Evans, 346 N.C. at ___, 485 S.E.2d at ___ (citing State…
State v. WhiteWhen ruling on a motion to dismiss, the trial court must view the evidence in the light most favorable to the…